Council rejects Roderick Catalyst bid to turn 18.7 acres of shoreline land industrial
December 10, 2024, 7:00 p.m. · American Fork City Hall, 31 N. Church St.
The council unanimously denied Roderick Realty's request to redesignate and rezone about 18.69 acres near 100 East and 1700 South from shoreline protection and marina zoning to industrial, siding with staff concerns about wetlands and the city's long-range harbor plans. It awarded a $179,920 FEMA-backed contract to Perco Rock Company, the low of 14 bidders, to clear flood debris from the American Fork debris basin, approved a pioneering agreement and four escrow agreements tied to new development, adopted a crosswalk policy and amended the school-district split agreement.
From the approved minutes.
Decisions at a glance
Agenda, item by item
Item PH · Budget
Public hearings: fiscal 2025 budget amendments and surplus right-of-way at about 100 East 620 South
Discussed
Hearings on the budget adjustments and on vacating surplus right-of-way near 100 East 620 South. No one commented on either.
Item Consent 3 · Development
Release of construction guarantee, Deer Park Phase 3, 51 W. 1100 South
Approved · 5-0
Consent approval of a notice of acceptance for Deer Park Phase 3 public improvements, starting the one-year durability period. The packet listed the guarantee amount released as $0.00.
Item Consent 4 · Other
Alcohol license, Kickin Seafood, 648 E. State Road Suite F
Approved · 5-0
Consent approval of an alcoholic beverage license.
- Fee$300 to Kickin Seafood
Item Consent 5 · Budget
Ratification of payments Nov. 6-Dec. 3, 2024, and purchases over $50,000
Approved · 5-0
Routine consent ratification; the itemized list was not in the packet text reviewed.
Item 1 · Budget
Fiscal 2025 budget amendments
Approved · 5-0
Resolution adjusting the fiscal 2025 budget, mostly to carry forward unfinished capital projects from the prior year, account for council actions taken during the year and add 1.0 full-time-equivalent of part-time library staffing for programming. Staff said all adjustments were fully funded from fund balance. The amendment schedule includes $85,000 for the 1120 North bridge, a carry-forward plus a $75,000 change order.
- Budget$85,000
- Bridge-1120 North (67-5310-082): $85,000, carry forward from FY2024 plus $75,000 change order
- Library: +1.0 FTE part-time hours
Item 2 · Development
Pioneering agreement with White Horse Developers, AF PD South, 950 West
Approved · 5-0
Agreement letting White Horse Developers recover the cost of underground utilities and road improvements it builds along 950 West for the AF PD South project from neighboring owners as they develop, prorated by frontage. The AF PD South Plat A final plat was approved Dec. 14, 2021. Staff said the city bears no cost.
- Payment$42,419 to White Horse Developers
- System improvement total: $42,418.50
- Cost split 50/50 per line item (road, 8-inch water main, hydrant, asphalt)
- White Horse Developers also received two 620 South pioneering agreements on Nov. 12, 2024
Item 3 · Development
Four escrow agreements, The Flats at Lakeshore Landing
Approved · 5-0
Escrow agreements with IMH SLC American Fork LLC covering system improvements for Block 1 Plat B, Block 2 Plat D, Block 3 Plat F and Block 4 Plat H of The Flats at Lakeshore Landing, approved by the council in September and October 2024.
- Payment$128,625 to IMH SLC American Fork LLC
- Block 1 Plat B: $40,115.46
- Block 2 Plat D: $25,003.00
- Block 3 Plat F: $30,844.00
- Block 4 Plat H: $32,662.30
- Total: $128,624.76
Item 4 · Zoning
Roderick Catalyst Business Park land use map amendment, 100 East 1700 South (18.69 acres)
Denied · 5-0
Roderick Realty sought to change 18.69 acres from Shoreline Protection to Design Industrial to match its business park to the north. The Planning Commission recommended approval on a split vote Nov. 6 and asked to drop staff's condition requiring a wetland delineation. Development Services Director Patrick O'Brien said staff preferred to keep the land for marina use. Councilmember Staci Carroll said shoreline land is limited and changing it to industrial was too dramatic. Ben Wheat and Mike Roderick of Roderick Realty said the current zoning blocks the kind of buildings they already have and that they bought the land to protect their investment.
- Applicant: Roderick Realty (Mike Roderick, Ben Wheat)
- Acres: 18.69
- Shoreline Protection → Design Industrial (denied)
- Staff condition: wetland delineation, wetlands stay Shoreline Protection
Item 5 · Zoning
Roderick Catalyst Business Park zone change, M-1 Marina to I-1 Industrial
Denied · 5-0
Companion rezone of the same 18.69 acres. Staff had suggested the TSSD property line be a hard boundary between industrial and marina uses.
- M-1 → I-1 (denied)
Item 6 · Public safety
Citywide crosswalk policy
Approved · 5-0
Public Works Director Sam Kelly presented a crosswalk policy updated with Hales Engineering after a March 19 work session. The council discussed uncontrolled crossings, pedestrian generators and engineering judgment, and approved it with minor wording changes on pedestrian crashes.
- ContractAmount not given to Hales Engineering
Item 7 · Contract
Debris removal contract, American Fork debris basin (FEMA2024-01)
Approved · 5-0
Award to Perco Rock Company to remove about 10,375 cubic yards of debris left in the American Fork River debris basin by 2023 spring flooding. FEMA grant pays 75%; city's 25% match comes from the storm drain utility fund. Councilmember Tim Holley worried the low bid was far below the others; City Administrator David Bunker said the city must take the lowest responsive bid and references were good. Substantial completion April 15, 2025. The motion stated $179,900; the bid and packet say $179,920.
- Contract$179,920 to Perco Rock Company
- Engineer's estimate: $278,531
- Bids (14): Perco Rock Co. $179,920; FX Construction $264,025; Snap Trucking $300,001; Condie Construction $304,150; Dobe Construction $306,400; TyCon Construction $381,438; Pronghorn Construction $392,125; Evan's Grader & Paving $498,846; Cody Ekker Construction $521,875; Strong Solutions $544,825; Forefront General Contracting $591,131; Alta Excavation $647,850; Lyndon Jones Construction $694,800; Teraflex Group $792,430
- Procured through Utah Public Procurement Place invitation for bids
Item 8 · Roads and utilities
Acceptance of public utility easement, about 100 East 620 South
Approved · 5-0
Accepted an easement needed for future road improvements tied to the Auto Mall Drive extension.
Item 9 · Roads and utilities
Vacation of surplus right-of-way, about 100 East 620 South
Approved · 5-0
Ordinance vacating surplus right-of-way as part of the Auto Mall Drive Extension annexation; the strip is deeded to the property owner to the north and the city receives land to the east in exchange. The packet's quitclaim deed names Strata Investments LLC as grantee for $10 and other consideration (about 10,352 square feet in two pieces).
- Land deal$10 to Strata Investments LLC
- Grantee per packet deed: Strata Investments LLC
Item 10 · Public safety
Amendment to Utah County Major Crimes Task Force interlocal agreement
Approved · 5-0
Resolution amending the interlocal agreement for the county major crimes task force.
Item 11 · Roads and utilities
Water banking agreement with Windy City Development LLC, 135.88 acre-feet
Approved · 5-0
Agreement banking 135.88 acre-feet of water rights from Windy City Development LLC with the city.
- Water: 135.88 acre-feet
Item 12 · Other
First amendment to interlocal agreement creating a new school district (Lehi, Cedar Hills, Highland, Alpine, American Fork, Draper)
Approved · 5-0
Amendment to the agreement among six cities forming a new school district from Alpine School District, subject to non-substantive changes by legal counsel. Council discussed the interlocal board, on which the mayor represents the city.
Item 13 · Other
2025 council meeting schedule
Approved · 5-0
Ordinance setting 2025 meeting dates, time and place.
Item 14 · Other
Closed session on character or competence of an individual
Approved · 5-0
Closed session from 8:36 to 9:50 p.m.
What residents said
No one spoke in the public comment period or at either hearing. At the Roderick Catalyst item, applicants Ben Wheat and Mike Roderick of Roderick Realty argued for the industrial change.